Los Angeles daily herald., 1887-04-29
Col. H. H. Boyce Sues the
"Times-M Mirror" Co.
FOR FIFTY THOUSAND DOLLARS
An Article in the "Times" Yester'
day Causes the ActiOn-Card
from Mr.. Roberts.

California:
H. H. Boyce, plaintiff, VS.. The Times
Mirror Company, defendant.
Plaintiff complains and alleges:
First-That at the times hereinafte
mentioned the Times. Mirror Company
defendant herein, was u corporation ex
listing under the laws of this State.
Second-That, at the times hereinafter
mentioned, said defendant was the pub
Usher and proprietor of the Los Angeles
Times, newspaper published at the
city of Los Angeles, State of California.
Third--That the defendant, well
knowing the premises, did, on the 2Ssh
day Of April, 1887, compose and pub
lish in said newspaper of and concerning
the plaintiff and c,rcerning the piem-
ises the false and defamatory matter fol.
lowing, to wit:
MORE SMOOTHLY"
ANOTHER SUIT ON GLADSTONE LANDS TO
BE BROUGHT.
When H. H. Boyce bought the Glad.
stone tract, or the bond taken on the
land by McKoon and Roberts, he did
not get title, and was not to get one
until the land was paid for. He and
his agents at once proceeded to put the
land on the market in the shape of town
lots, and every purchaser was required
to make email payment, for which he
was given receipt, and. told to call in
about twenty days, make another pay.
ment and get his deed. G. H. Wilkins Sc.
lected six lots, and, aftor some talk with
the agent, agreed to take the lots and
pay SIS apiece for them. He was in.
formed that he would be required to pay
only Sl2 down, aud he did so. At the
end of twenty days he called for his
deed and offered to pay the balance of
the money. Boyce still moved along
without q title to Gladstone, and of
course he could not fulfill his agreement.
Wilkins pushed his claim from time to
time, and on last Monday he had his
last talk with sSmoothy," and made up
his mind to get out of it. He sold bis
interest in the lots to james Hammel,
and to-day o complaint will be filed
against H. Fl. Boyce ct al. for the pur.
pose of testing the matter. Wilkins
claims that there are number in the
same boat, and they are all anxious to
know whether ''Smoothy's" receipts are
good or not.
Fourth-That said Language was pub.
lished of and concerning the plaintiff by
the defendant as aforesaid, with intent
and meaning to convey, and the same
was, by the persons who read said Ian
guage so published as aforesaid, under.
stood ard believed to convey charge of
plaintiffs intention to defraud persons
who had purchased or might purchase
any part Of the Gladstone tract mentioned
in said article.
Fifth That fhe word ''smoothy" used
in said false and defamatory article, pub
lished as aforesaid, was published by the
defendant as afores aid, of and concern.
ing the plaintiff, and intending TO mean
the plaintiff, and with intent and mean
ing to convey, and the same was by the
persons who read said publication, un-
derstood and believed to convey charge
that the plaintiff is trickster and q
polished scoundrel.
Sixth That said publication and each
and every ra,t and portion thereof is
false and defamatory, was published by
the defendant maliciously and with the
intention to defraud and ecandalize the
plaintiff. and by reason of the publica-
ton thereof the plaintiff has been in.
jured in his good name, reputation and
credit. and has Sustained damage in the
sum of $4,000.
Wherefore the plaintiff prays judg-
ment against the defendant for the sum
of $4,000 and for his costs of suit.
STATE OF CALIFORNIA,
COUNTY OF Los ANGELES.
H. H. Boyce. being brst duly sworn.
deposes ant says that he is tie plaintiff
in the above entitled action. and that he
has read the foregoing complaint and
knows the contents thereof, and that the
same is true of his own knowledge, ex
cept as to the matters therein stated
upon his information and belief, and as
to those matters he believes it 10 be
true.
[Sgned] H. II. BoYcE.
WILLIAMS & MCKINLEY, attorneys.
CARD FROM MR.. ROBERTS.
EDITOR HERALp--My attention hav.
ing been called to an article published
in the Los Angeles Daily Times of April
2S, 1887, and which is calculated to do
Colonel H. H. Boyce and the Gladstone
Improvement Company great injury
and injustice, freely make the follow.
ing statement, that Colonel Boyce and
the Gladstone Improvement Company
may have justice done them.
FIrst--C. A. Wilkins selected two
lots on the then Central tract, now
Gladstone, months before Colonel Boyce
and the Gladstone Company ever were
owners or interested in said tracts. The
conditions upon which said Wilkins
made his deposit was through q real
estate agent, Mr.. Walker, who is now
associated with me and who had no in.
terest in the said tract and was author.
lied only to receive money on deposit
and only on the condition that forty
lots was subscribed and first payment
made thereon, being one-half of the
value thereof. There were about TWEEN.
: ty lots subscribed for out of the forty
but McKoon & Roberts, the ownera, con-
cluded to sell the lots already subscribed
for, and in pursuance thereof caused to
be published notice in tho Covina Ea.
press for all parties who had subscribed
for the purchase of these lots to come
and make the first payment, but neither
Mr.. Wilkins nor any of the said sub.
scribers appeared or paid the necessary
amounts agreed to be paid, and the town
project was abandoned, and Mr.. Will
kins was the only man that ever paid or
offered to pay one cent on the project,
and that was not paid as a ap,yment, but
was received through Mr.. Walker, who
stated to wilkins that the receipt of the
money was on condition that the project
was success; that afterwards
Wilkins called upon me and asked
me il the thing would be
success. then told him
that he had better take his money, but he
declined, and in reply said, "Wait until
come back" He never called on me
since, which has been over two weeks,
until last Monday. He then told me that
he intended to have the lots. replied
that he could have his money, as we
agreed upon, but he said he had better